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Yuridika
Published by Universitas Airlangga
ISSN : 0215840X     EISSN : 25283103     DOI : https://doi.org/10.20473
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; 2 Civil Law; 3 Constitutional Law; 4 Administrative Law; 5 International Law; 6 Islamic Law;
Arjuna Subject : Ilmu Sosial - Hukum
Articles 422 Documents
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A Critical Assessment on Nuclear Security Measure in Indonesia Intan Soeparna; Joseph Tanega
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.36279

Abstract

Our overriding thesis is that nuclear security measures are required in Indonesia as a matter of urgency given Indonesia’s current plans for the construction of nuclear power plants (NPP) and all the physical infrastructure and supply chains wherein nuclear materials is exposed to the general public and a target for terrorist attack. This work is divided into two parts: (1) an analysis and close reading of the existing nuclear regulatory regime of Indonesia, with the view of determining whether the existing regulations are sufficient to provide nuclear security measures that protect the general public, and (2) based on our analysis what kind of policies and legislative provisions should we have in order to better protect the public. The headline of our assessment is that there is a complete lack of legal basis for security measures and that it is recommended. From an international perspective the nuclear operating organization is within the penumbra of nuclear security standards established by the International Atomic Energy Agency (IAEA). However, while within the penumbra of the international standard for nuclear security, our assessment finds the Indonesian security measure is inadequate and potentially dangerously in effective and thus, in its current state behooves the Indonesian government to undertake a deep reformation of the legal framework of nuclear security in Indonesia.
Civil Society’s Contributions and Challenges in the Development of Business and Human Rights Policy in Indonesia Wahyu Wagiman; Mutia Salsabila
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.36280

Abstract

Civil society greatly contributes to encouraging the adoption of the United Nations Guiding Principles on Business and Human Rights (UNGPs) into practice and legislation in Indonesia. This contribution can be seen from the various policies and actions taken by the Indonesian government in referring to the UNGPs when forming policies related to human rights or the operation of companies in Indonesia. This research aims to serve as a database and as consideration for civil society in Indonesia to advocate for business and human rights issues, especially the issues related to actions taken by civil society to influence Indonesian governmental policies and the challenges faced by civil society. As such, civil society will be able to measure the urgency of intervention in policymaking related to business and human rights. This research was conducted using qualitative and comparative approaches. The qualitative approach was carried out through studies of literature, both primary and secondary. The comparative approach aimed to analyse and compare two or more objects based on a theoretical framework. The comparison results can be in the form of similarities or differences in the aspects studied. This research process pays attention to certain sensitive contexts that require a context-sensitive approach.
Foreign Direct Investment in Tourism and the Feasibility of Incorporating the United Nation Guiding Principles on Business and Human Rights in Indonesia I Gusti Ngurah Parikesit Widiatedja
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.36281

Abstract

Foreign direct investment (FDI) is critical to Indonesia's economic development. Tourism is one of the most appealing investment industries. It has made a significant contribution to employment creation, tax revenue and domestic value addition. However, FDI in tourism has had negative environmental consequences. Moreover, Indonesian trade agreements and investment treaties do not reflect environmental concerns. The schedule under the General Agreement on Trade in Services (GATS) follows a similar trend, although other countries’ practices have shown that Indonesia can add this concern. Domestic laws and policies are also silent because the goal of economic growth outweighs protecting the environment. The United Nations Guiding Principles on Business and Human Rights (Guiding Principles) govern states' obligations to defend human rights and companies' obligations to respect and give remedy. This article examines the feasibility of incorporating the Guiding Principles into FDI in tourism. The Guiding Principles, together with the Global Code Ethics for Tourism, would provide a starting point for more robust legal frameworks for foreign tourism companies and emphasise sustainable development.
False or Fake Qualifications in an Employment Context: A South African Perspective Ndlovu, Lonias; Leslie, Andrew Brian
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.36746

Abstract

The pressure for employment opportunities has led to many dishonest practices by employees and job seekers. The evil of employees misrepresenting their academic qualifications has become endemic, and the South African government has been compelled to act. Misrepresentation of academic qualifications mainly manifests itself through employees claiming to have non-existent higher education qualifications to secure a new job offer or be promoted to a higher post. This misrepresentation has consequences for the employer, who may pay the employee a salary they do not deserve. The employee must refund the employer and face prospects of imprisonment if found guilty in a criminal court. In South Africa, high-profile individuals working in the public service or occupying prominent political positions have falsely claimed to have qualifications that they did not have. They have been allowed to resign on their own accord or were dismissed after lengthy disciplinary hearings. This paper outlines some examples of this misrepresentation and unravels the legal implications from a South African perspective. We recommend that employers promptly discipline employees found guilty rather than allow them to resign, as was done correctly in the Mthikhulu case discussed here. Further, we urge employers in South Africa to foreground the skills of employees rather than paper qualifications and assess technical ability ahead of academic qualifications.
Indonesian Legal Protection for Consumers on the Validity of Electronic Contracts in the E-Commerce Transactions Iftinaity Shaumi Rahma; Hasiana, Eliza July; Cantika, Sian Lie; Octaviona, Tania
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.36976

Abstract

Currently, internet development grows rapidly which facilitates and eases various economic activities, especially e-commerce transactions, on a global scale. In 1996, the UNCITRAL regulated the e-commerce transactions, including e-contracts. The e-contract is one of the most relevant matters in e-commerce transactions, especially it is of importance for the consumers to avoid any unwanted situations. However, several problems arise for consumers in conducting e-commerce transactions, such as the asymmetrical bargaining power of the parties involved. In this sense, there is an urgency for the legal protections for consumers. The objective of this article is to understand the connection between consumers' legal protection and e-contracts validity in e-commerce transactions. The research method used is the legal descriptive analysis through statutory and conceptual approach. This study analyzes the legal relationship between the legislations related to the e-contracts within e-commerce transaction in Indonesia, which are the Indonesian Civil Code, Law Number 8 of 1999 concerning Consumer Protection, and Law Number 19 of 2008 on Information and Electronic Transactions. Through a systematic appraisal, it argues that the current legal framework does not fully guarantee legal certainty for consumers in e-commerce transactions, such as on the obligations of producers and distributors to customers in the e-commerce transactions.
Reconciling the global public health interest with intellectual property protection through the waiver of certain provisions of the WTO TRIPS Agreement Makore, Shelton T Mota; Osode, Patrick; Lubisi, Nombulelo
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.37237

Abstract

The rapid spread of the SARS-CoV-2 virus which is responsible for the COVID-19 pandemic across the globe has spawned an intense debate on the necessity of a waiver of some provisions of the World Trade Organisation's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) to increase access to medicines and other medical technologies essential for combating the disease. This article explores the potential of the TRIPS waiver as a mechanism for reconciling the conflicting norms of public health with intellectual property rights protection. It argues that while the TRIPS waiver can be an effective legal instrument which accommodates public health concerns of increasing access to medicines and medical technologies, it has, in its current form and text, many flaws which militate against its effectiveness. These flaws are evident in the way the TRIPS waiver is couched, notwithstanding that the waiver presents multiple benefits including furthering re-humaninisation, distributive justice and decolonisation goals. The article offers recommendations on how the TRIPS waiver adopted during the WTO's recently concluded 12th Ministerial Conference could be strengthened to eliminate some of its defects in pursuit of expanding access to COVID-19 vaccines and other therapeutic. The research methodology used in this article is the qualitative desktop doctrinal research methodological approach.
The Fundamental Right for a Balanced Environment Bertoldi, Márcia; Massaú, Guilherme
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.37426

Abstract

This paper reflects on the fundamental duty, extracted from art 225, caput, of the Brazilian Constitution, to protect and defend the environment. It refers to the duty arising from the fundamental right to an ecologically balanced environment. As it is a fundamental right, it defends the existence of a corresponding duty, in this case, a fundamental duty. Such a fundamental duty involves the relationship between present and future generations. The present generation must maintain and protect existing natural resources so the future generation may also enjoy the same natural resources. To reach the proposed objective, this paper adopts a deductive approach, has a qualitative character and uses the bibliographical-documentary procedure for its development. It concludes that the duty provided for in art 225, caput, is not enforceable by itself because it lacks efficacy; however, the right and duty to and with the environment are associated constitutional categories that become effective in return.
Job Loss Guarantee Program Policy as Legal Protection for Terminated Workers Based on Job Creation Law Article 46 Try Wahyu Widanarti; Abdul Rachmad Budiono; Budi Santoso
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.37452

Abstract

To provide legal protection for workers who have experienced termination of employment, the government of Indonesia has issued a new policy in the form of Article 46 of Law No. 11 of 2020 concerning the Job Creation Law. This increases the type of protection for social security programs, namely the job loss guarantee program. This paper uses a juridical-normative research method. The results indicate that the legal protection policy for workers affected by termination of employment was not appropriate. Therefore, an amendment was made to Law Number 40 of 2004 concerning the National Social Security System. Specifically, Article 46A of the Job Creation Law states: "Workers or employees who have their activities terminated are entitled to collateral due to loss of profession." Article 46C(2) also states that the Central Authority should pay the professional burnout insurance contributions. In this case, non-professional collateral benefits are not focused on money but on cash, access to actionable market data, and job training. It is not explained in detail what percentage of the total compensation will be obtained by workers affected by termination of employment through this job loss guarantee scheme. This is only stated in Article 46D paragraph (2), "Job loss guarantee will be provided for 6 (six) months of wages."
Opportunities and Challenges in the Implementation of Plurality - Majority (District) Electoral System for Strengthening the Indonesian Presidential System Aris, Mohammad Syaiful
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.37604

Abstract

Presidential government system has its own disadvantages, one of them is the possibility a minority president presence in this system, namely a president who is not supported by a parliamentary majority, even though the President has a strong mandate from public, but with a minority position, the government's agenda which carried out by the president could be hampered by parliament or the legislature, therefore it is needed a coalition government. The combination of a presidential system with a multi-party system is difficult to implement because whoever the president is elected will be encountered with a certain condition that it is impossible to support him in parliament without forming a coalition. In order to respond the problem in strengthening the presidential system in Indonesia, the author offers a majority general election system or district system (first Past the Post) as an effort to create an effective and responsible government. This is a legal study which used two approaches, namely statutory approach and conceptual approach. Based on the results of study, it can be concluded that the majority system was more appropriate for creating an effective and responsible government because it could encourage the simplification of political parties and the responsibilities of people's representatives to the voters in each district.
Refugees and Covid-19: The Great Opportunity to Implement the Global Compact on Refugees Atik Krustiyati; Yaries Mahardika Putro
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.37947

Abstract

The Coronavirus pandemic affected several sectors including the policies of national governments and the international community. Besides cleanliness and health policies (e.g., washing hands and wearing masks), the primary policy adopted in numerous countries was the human mobility restriction. Border posts, airports, and ports are closed to limit people’s mobility, eliminating the opportunity for individuals to leave their nation because of war or unstable situations to seek a better life. Refugees are the ones who are most affected by the spread of this Coronavirus, as each nation prioritises its own national interests and its own inhabitants. The Global Compact on Refugees can be properly implemented to help refugees overcome the difficulties they face in the middle of the Covid-19 pandemic. The core objective of the Global Compact on Refugees is to ease the pressures on host countries and its equitable responsibility-sharing provisions should be optimised for implementation. This study is based on normative legal research; therefore, this article will examine the role of the Global Compact on Refugees during the height of COVID-19. Even though the Global Compact on Refugees is merely a non-legally binding instrument, the pandemic could be used as momentum for states to share the burden and responsibility of caring for the refugees in their states.

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